118 STAT. 2755 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(f) MODIFICATIONS REQUIRED BY THE SECRETARY.—The Sec retary may require a State to modify its application under this section, but only to the extent necessary to ensure the State’s compliance with this part, if— ‘‘(1) an amendment is made to this title, or a Federal regulation issued under this title; ‘‘(2) a new interpretation of this title is made by a Federal court or the State’s highest court; or ‘‘(3) an official finding of noncompliance with Federal law or regulations is made with respect to the State. ‘‘SEC. 638. USES OF FUNDS. ‘‘In addition to using funds provided under section 633 to main tain and implement the statewide system required by such section, a State may use such funds— ‘‘(1) for direct early intervention services for infants and toddlers with disabilities, and their families, under this part that are not otherwise funded through other public or private sources; ‘‘(2) to expand and improve on services for infants and toddlers and their families under this part that are otherwise available; ‘‘(3) to provide a free appropriate public education, in accordance with part B, to children with disabilities from their third birthday to the beginning of the following school year; ‘‘(4) with the written consent of the parents, to continue to provide early intervention services under this part to children with disabilities from their 3rd birthday until such children enter, or are eligible under State law to enter, kindergarten, in lieu of a free appropriate public education provided in accord ance with part B; and ‘‘(5) in any State that does not provide services for at risk infants and toddlers under section 637(a)(4), to strengthen the statewide system by initiating, expanding, or improving collaborative efforts related to at risk infants and toddlers, including establishing linkages with appropriate public or pri vate community based organizations, services, and personnel for the purposes of— ‘‘(A) identifying and evaluating at risk infants and tod dlers; ‘‘(B) making referrals of the infants and toddlers identi fied and evaluated under subparagraph (A); and ‘‘(C) conducting periodic follow up on each such referral to determine if the status of the infant or toddler involved has changed with respect to the eligibility of the infant or toddler for services under this part. ‘‘SEC. 639. PROCEDURAL SAFEGUARDS. ‘‘(a) MINIMUM PROCEDURES.—The procedural safeguards required to be included in a statewide system under section 635(a)(13) shall provide, at a minimum, the following: ‘‘(1) The timely administrative resolution of complaints by parents. Any party aggrieved by the findings and decision regarding an administrative complaint shall have the right to bring a civil action with respect to the complaint in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in con troversy. In any action brought under this paragraph, the court 20 USC 1439. 20 USC 1438.
�
